After being involved in an accident caused by someone else’s negligence, you have the right to sue that individual and recover damages, or compensation to make up for your losses, for various things including, but not limited to:
- Medical bills
- Mental anguish
- Lost wages
- Pain and suffering
- Physical impairment
- Loss of productivity
- Support expenses
Another type of damage that is compensable after an accident has occurred is loss of consortium. Loss of consortium is meant to compensate an injured party’s spouse if the incident has impacted their relationship in some way. For example, let’s say the accident has resulted in the victim suffering physical injuries or impairments that restricts him/her from being able to engage in the activities the couple once enjoyed together. In this case, the spouse of the injured individual may be entitled to recover money to make up for this loss of companionship he/she is now experiencing.
Another instance where a spouse would be entitled to recover compensation for loss of consortium is if the incident has impacted the affection that is shared between the two spouses. For example, if the injured party is unable to show his/her spouse the love and affection they once could prior to the accident, this will be taken into account when determining how much should be awarded for loss of consortium.
Can any other family members aside from a spouse recover compensation for loss of consortium?
Unlike most states, the state of Indiana only permits the spouse of an injured party to file a loss of consortium claim. This means you must have been legally married to the victim at the time of the incident in order to qualify for these damages.
If your spouse was involved in an accident in Gary, IN that has left them severely injured which has directly affected your relationship and you are looking to recover compensation for loss of consortium, contact Gary, IN personal injury attorney Marshall P. Whalley.
In order to successfully receive compensation for loss of consortium, you must be able to prove that the incident caused by another’s negligence has negatively impacted your relationship, whether it be financially, physically, or emotionally. Proving this can be a bit of a challenge which is why you will want to be represented by an experienced lawyer. Marshall P. Whalley & Associates, PC has helped families who have gone through some of the same struggles as you and would be more than happy to lend their legal expertise to your case and assist you in recovering the compensation you deserve.
If you would like to learn more about filing a loss of consortium claim in Gary, IN and what you might be eligible to recover given you have viable grounds to file suit, contact our office to speak with one of our helpful and dedicated IN personal injury lawyers.
You can also visit Marshall P. Whalley & Associates, PC at:
51 W. 112th Avenue
Crown Point, IN 46307